E3S Web of Conferences 31, 09015 (2018) https://doi.org/10.1051/e3sconf/20183109015 ICENIS 2017

Policy Implementation Study on Spatial Planning for Environmental Conflict (Study Location: Rembang )

Indraya Kusyuniadi1,*

1Master Program of Environmental Science, School of Postgraduate Studies, Diponegoro University, ,

Abstract. This study aims to see the impact and benefits as an outcome of a policy, where this policy is in the form of spatial planning (Regional Planning). As known RTRW is a product that can be regarded as "the book of development" in every region both in the provincial and regional levels. One of them is as a decision tool for investors (investors) in increasing local development investment, spatial planning (RTRW) is also expected to maintain the environment, in order to support the sustainability of regional development. In reality, there are still many conflicts of interest in the implementation process of regional development, especially between economic and environmental interests. Often the interests of regional sustainability are placed at a lower level (less priority) than investment / economy. Land conversion that is inconsistent with district / city spatial planning RTRW is relatively still occurring, especially for economic purposes. Lack of policy called spatial plan in this case RTRW Province and Regency in responding to existing condition in field. How can a product that is said to be "Scripture" a regional planning is powerless in fulfilling the space for investment in the form of industry, commercial, housing and so forth. There are several results that can be concluded in this study. Basically, the importance of the environment at least can be used as the basis or priority of the main decision makers above economic interests and other politic interests. The current Spatial Plan / RTRW document still holds a big question whether at the time of compilation it follows the norms and rules in a plan (data accuracy, through input process from the community).

1 Preliminary licensing, incentives and disincentives, and the imposition of sanctions. Increasing population and the growing influence of 1.1 Background private sector investment, triggering more rapid land use Based on the contents of Law No. 32/2009 (UUPPLH) changes that can trigger a variety of environmental Chapter I on General Provisions, Article 1 point 1 conflicts is a conflict between exploitation and Definition of the environment: "The environment is the destruction. The solution is to assume that natural unity of space with all objects, power, situations, and resources are public goods. A category of goods that are living things, including humans and their behavior, considered to belong together, the numbers are fixed, Nature itself, the survival of life, and the welfare of and free. human beings and other living beings. "The need for a In fact, spatial planning (RTRW) is a legal product as document in the form of Strategic Environmental outlined in the Regional Regulation (Perda) which is Assessment (KLHS) becomes very important because it expected to become a tool in sustainable regional is a" Tool "instrument for the prevention of pollution / development still encountered obstacles so as to create a environmental damage. conflict of space. Non-compliance with the existing While spatial planning is a multi-sectoral activity, in condition is marked by the shift of conservation function accordance with the mandate of Law no. 26 of 2007 on land for industry, housing, agriculture etc. Spatial Planning, and Government Regulation No. 15 of 2010 on Spatial Planning mentioned that, in the 1.2 Problems implementation of spatial planning there are three main processes that are interconnected with one another, Based on the above description, the occurrence of namely spatial planning, space utilization, and spatial sectoral interest is the economic sector (investment) with use control. Spatial planning material is contained in the environmental sector as a limiting factor in the Law Number 26 Year 2007 on Spatial Planning, in one perspective of regional development. These conditions of its articles (35). Space utilization control is carried out need to be viewed and studied in depth in policies and through the establishment of zoning regulations, rules. The question of why there should be a conflict and a shift in the function of space, if every region already has a "Holy Book" called RTRW, which is a tool for

* Corresponding author: [email protected] © The Authors, published by EDP Sciences. This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0/). E3S Web of Conferences 31, 09015 (2018) https://doi.org/10.1051/e3sconf/20183109015 ICENIS 2017

distributing space legally, let alone this document is equipped with Strategic Environmental Assessment (KLHS). Some of the existing problems that occurred in the District of Rembang, Regency associated with the conflict of space between the industry and protected areas. This conflict has long dragged on to much energy consuming both socially, economically and politically. Another problem is the shifting of other protected functions into cultivation areas. In addition, the current policy is the time to evaluate the RTRW document with the adjustment of the pattern of space. To address the above problems this study will attempt to describe chronologically the policies and Fig. 1. Map of administration of Rembang Regency events, identifying them as part of the analysis process. In addition, in this study also the data of land change especially on protected land (preservation), where in its presentation can also be analyzed will deviation of land at district RTRW with existing condition through "Time 3 Results Series" data. 3.1 Policy and regulatory data 2 Design and location research 1) Decision of Rembang Regent Number 545/68/2010 About Provision of Mining Business License (WIUP) To examine the implementation of policy in the District for Tras Exploration to PT Semen Gresik (Persero) RTRW in this study was conducted two (2) the scale of Tbk - from 20 December 2012 to PT Semen the research location, namely: 1) the scale of the area is Indonesia (Persero) Tbk the plan of the cement industry area and 2) the regional 2) Decision of Rembang Regent Number 545/4/2011 scale that changes the pattern of land use in the period About Mining Business License (IUP) Exploration 2009-2015. on PT Semen Gresik (Persero) Tbk Name - since a. Research design December 20, 2012 to PT Semen Indonesia (Persero) 1) Stages of data inventory in the form of: Tbk; Inventory of existing policies and regulations 3) Decision of Rembang Regent Number 591/040/year at national, provincial and local levels. - 2011 On the Granting of Location Permit to PT Inventory of numerical and spatial data (area Semen Gresik (Persero) Tbk, from 20 December and map statistics) in time series (Year 2009- 2012 to PT Semen Indonesia (Persero) Tbk for the - 2015). Construction of Cement Plant, Raw Material Mine Excavation of data through observation and and Other Supported Facilities; interviews measurable with several sources of 4) Decree of the Governor of Central Number - information. 660.1/10 Tahun 2012 On the Environmental 2) Reviewing and assessment: Feasibility of Mining Plans and Construction of Policy or rules, through chronological Cement Plant by PT Semen Gresik (Persero) Tbk, in description and analysis. Rembang Regency, Province dated June - The pattern of land change through time series 7, 2012; data (Year 2009-2015), by looking at future 5) Decree of the Governor of Central Java Number - trend and projection. 660.1/17 year 2012 About Concerning The pattern of deviation of existing land with Environmental Permit for Mining Activities by PT RTRW Disctrict, by looking at future trends Semen Gresik (Persero) Tbk, in Rembang Regency, - and projections. Central Java Province dated June 7, 2012; b. Research sites Location 6) Decision of Rembang Regent Number In this study will take the location on the scale of the 545/0230/2013 About the Granting of Mining area of Gunem sub District Rembang sub District and Business License (IUP) of Clay Rock Production regional scale in Rembang regency. Operation at PT Semen Gresik (Persero) Tbk; 7) Civil Court of Justice (PTUN) Semarang, Central Java On Thursday (16/04/2015) again held a trial lawsuit residents of Rembang with the agenda of reading a decision related to the granting of environmental permits by the Governor of Central Java for mining and the establishment of PT Semen Indonesia factory in Rembang. Decided not to accept the lawsuit of citizens.

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8) Re-review (PK) proposed by Rembang farmers and develops in Central Java. Mandala Kendeng stretches NGO Wahana Lingkungan Indonesia (Walhi), from to the east to Mojokerto and plunges related to the environmental permit for PT Semen beneath the Brantas River alluvial, the continuation of Indonesia's factory construction in Rembang. The these mountains can still be followed to the bottom of Supreme Court (MA) granted the Decree, making the the Madura Strait. environmental permit issued by Central Java Governor for PT Semen Indonesia to be canceled (Based on decision number 99 PK / TUN / 2016, 5 3.3 Data of Land Area Year 2009 - 2015 October 2016). Regulation and other supporting rules, including: Based on data from the Regional Public Work Water 1) The Constitution of the Republic of Indonesia Law Resources and Spatial Planning (DCKTR) Province of Number 26 of 2007 concerning Spatial Planning; Central Java Year 2016 shows there is a shift in the area 2) The Constitution of the Republic of Indonesia of land between the period of 2009-2015, with details in Number 32 of 2009 on Environmental Protection and the table below [3]. Management; 3) Minister of the Environment Regulation No. 27 of 2009 On Guidelines for the Implementation of Table 1. Land area based on land use classification Year 2009 Strategic Environmental Assessment 4) Regional Regulation province of Central Java Land Use Classification 2009 Area (Ha) Number 6 of 2010 Concerning Regional Spatial Plan Industry and Tourism 113.65 of Central Java Province of 2009 - 2029; Kebun / plantation 32,407.40 5) Regional Regulation Regency of Rembang Number Lahan Berhutan / Forested Land 844.93 14 of 2011 About Spatial Plan of Rembang Regency Lahan Terbuka / Open field 173.75 Year 2011-2031; Perairan / Waters 2,650.90 Perkebunan / Plantation 20,965.80 Settlement 5,616.11 3.2 The potential of nature in the Kendeng Dryland Agriculture 5,108.73 Mountains Rice fields 33,462.50 The location of a quarry that has the potential to build a Semak Belukar / Shrubs 2,090.86 Cement Plant is located in Gunem District of Rembang Total Area 103,434.63 Regency where this area / region is part of Kendeng Mountains. The North Kendeng mountains range from to Regency, including Grobogan, Table 2. Land area based on land use classification Year 2015 Blora, Pati and Rembang districts. The North Kendeng Land Use Classification 2015 Area (Ha) mountains are batuk Hills. Hills that have undergone natural processes within geological space and time Industry and Tourism 144.84 limits. The phenomenon of the Karst North Kendeng Kebun / plantation 29,873.20 Landscape is reflected through the numerous limestone Lahan Berhutan / Forested Land 838.33 hills of the cones, the emergence of springs in rock Lahan Terbuka / Open field 162.53 fractures, the flowing of underground rivers with cave Perairan / Waters 2,607.06 corridors as their corridors [1]. Perkebunan / Plantation 20,606.30 Settlement 10,962.50 Dryland Agriculture 149.88 Rice fields 133.04 Semak Belukar / Shrubs 35,949.60 Total Area 2,007.49 Industry and Tourism 103,434.78

3.4 Data deviation of existing land with RTRW Fig. 2. Photographic Sketch of Island [2] Existing land area of the data Year 2015 with map RTRW Province Year 2009-2029. For 6 years the data The Kendeng zone is also often called Kendeng on land deviation with the RTRW document obtained Mountains and those who call it Kendeng Deep, is a data as in table 3. west-east anticlinorium. In the north bordering Depression Randublatung, while the southern part of the ranks of volcanoes (Zone Solo). The Kendeng Zone is a continuation of the North Serayu Mountain Zone that

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Table 3. Area of land deviation Existing with spatial p lanning The area of The Land Land Classification land Classification of The area RTRW deviation Existing Year 2015 Land Classification The Land Classification of land (Ha) RTRW of Existing Year 2015 deviation Rural Forested Land 3,542.57 (Ha) Protected forest Perkebunan 11,946.30 Physiographic Industry and Tourism 625.50 Protected forest Settlement 2,206.35 Protected Areas Production forest Settlement 11,469.90 Wetland Farming Area Industry and Tourism 3,184.47 Limited production forest Settlement 6,848.70 Dryland Agricultural Industry and Tourism 958.41 Wetland Farming Area Settlement 185,401.00 Area Dryland Agricultural Area Settlement 87,481.90 Area of Hard Crop Industry and Tourism 106.21 Production forest Open Mining 40.04 Agriculture Limited production forest Open Mining 45.14 Rural Industry and Tourism 2,719.09 Dryland Agricultural Area Open Mining 322.49 Nature preserve plantation 77.68 Protected forest Dryland Agriculture 2,106.61 Protected forest plantation 9,619.94 Protected forest Rice fields 2,286.17 Rural plantation 28,973.40 Wetland Farming Area Settlement 185,401.00 Urban plantation 2,668.47 Dryland Agricultural Area Settlement 87,481.90

Fig. 2. Map of existing land deviation with RTRW [3].

4 Review of the study

4.1 Policy Review Keep in understanding the problems arising digging today, that is by describing will chronologically be the cement plant (decision number 99 PK/TUN/2016), including:

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Table 4. Chronological review of policy in the conflict of Rembang cement plant space

Chronological Policy Analysis / regulation review October 14, 2010 1. Regional Regulation of Central Java Province RTRW Applies, July 21, 2010 Decree of Rembang Regent Number 545/68/2010 concerning Provision of Mining 2. Regional Regulation on RTRW of Rembang Regency, August 25, 2011 Business License (WIUP) 3. Presidential Decree number 26/2011 as one of the basins of groundwater (CAT) that should be protected. 31 , 09015(2018) Analysis: 1. Reference issuance of Decree of the Regent has been referring to RTRW Central Java but not based on spatial plan more detailed (from map scale) that is RTRW Kabupaten Rembang

2. Conditions allow for different map corrections between the detailed Provincial RTRW (1: 250,000) maps with District RTRW (1: 25,000) https://doi.org/10.1051/e3sconf/20183109015 3. References to the Presidential Decree No. 26/2011, also not yet available when the Provision of Mining Business License (WIUP) January 18, 2011 Under the provision of WIUP, an exploration IUP can be established Rembang Regent issued Decree No. In this stage there is no problem, because in accordance with existing requirements 545/4/2011 concerning Exploration Business License (IUP) The Regent of Rembang issued Decision Under the provision of WIUP, and IUP of exploration, the location permit bias is made. In this stage there is no problem, because in accordance Number 591/040 / Year 2011 on the with existing requirements

5 Granting of Location Permit to PT Semen Gresik Tbk - from 20 December 2012 to PT Semen Indonesia (Persero) Tbk - For Construction of Cement Plant, Mining Land of Raw Materials and Other Supporting Facilities . Decision No. 660.1 / 17 Year 2012 on Enviromental Impact Assessment (AMDAL) has been conducted Environmental Permit for Mining Activities The Minister, the governor, or the regent / mayor in accordance with his / her authority shall cancel the environmental permit if: and Construction of Cement Plant a. The requirements submitted in the permit application contain legal defects, errors, misuse, and / or falsification and / or falsification of data, documents and / or information; b. The party responsible for the business / activity does not implement the requirements and obligations in the environmental permit so that there is pollution and destruction of the environment The environmental permit granted by the Governor of Central Java is a condition of obtaining a business license This process begins with an AMDAL as a condition of environmental permit - The AMDAL document should prioritize the appropriate process and no interest - This document is intended as a guide to facilitate the preparation of AMDAL integrated activities of Cement and Mining industry. This guide is expected to): - 1. Control the ways that are less prudent to the environment, so as to preserve the ecological function. - 2. Supporting efforts that take account of ecological processes among ecosystems, as life support systems are of significant significance for the sustainability of development and improvement of the welfare of the population around the development area. 3. Provide guidance and understanding to AMDAL compilers of integrated activities of Cement and Mining industry. In this case the AMDAL should be, made participatory by involving the entire community, while the AMDAL compilation team is the Company's choice (Sponsor)

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Chronological Policy Analysis / regulation review 31

In this case AMDAL is questionable? , 09015(2018)

Decree of Rembang Regent Number Administrative review is in accordance with the procedure because it has done AMDAL 545/0230/2013 About Granting of Mining Business License (IUP) of Clay Rock

Production Operation to PT Semen Gresik https://doi.org/10.1051/e3sconf/20183109015 (Persero) Tbk Governor Decree No. 660.1 / 4 Year 2017 Supreme Court ruling (MA), dated January 16, 2017 on the revocation of Environmental permit issued by Governor of Central Java for PT Semen Indonesia must be canceled (Based on decision number 99 PK / TUN / Governor's Decree No. 660.1 / 30 of 2016 on 2016, 5 October 2016). Environmental Permit for Raw Material and Construction Activities and Operation of Cement Plant of PT Semen Indonesia (Persero) Tbk 6

Chronological Policy Analysis / regulation review In this case AMDAL is questionable?

Decree of Rembang Regent Number Administrative review is in accordance with the procedure because it has done AMDAL 545/0230/2013 About Granting of Mining Business License (IUP) of Clay Rock Production Operation to PT Semen Gresik (Persero) Tbk Governor Decree No. 660.1 / 4 Year 2017 Supreme Court ruling (MA), dated January 16, 2017 on the revocation of Environmental permit issued by Governor of Central Java for PT Semen Indonesia must be canceled (Based on decision number 99 PK / TUN / Governor's Decree No. 660.1 / 30 of 2016 on 2016, 5 October 2016). Environmental Permit for Raw Material and Construction Activities and Operation of Cement Plant of PT Semen Indonesia (Persero) Tbk ICENIS 2017 E3S Web ofConferences Rembang Regency Regency Rembang Fig. 4. below. picture the in shown as cultivation, and protection of function the Need classify to spatial pattern based on RTRW that is Identify 4.3 deviations of land to RTRW Fig. 3. regency. Rembang result identificationof landof change pattern in 2,450% (shrink is land from 2009-2015). plantation of The loss following the then is the 2009-2015) from (increase 5,169% is land settlement of use the in change regency administration, itcanbe seen that thebiggest Rembang of all in is change use land the big how see To 4.2Identify patterns land of change Table 5. Table Shrubs Shrubs fields Rice Dryland Agriculture Settlement Plantation Waters field Open Land Forested Garden Tourism and Industry Classification of Land Use Land Use of Classification Structure Plan Structure 1.A. Space Space 1.A.

Graph for the extent of land change Year 2009-2015 in in 2009-2015 Year change land of extent the for Graph Land classification based on spatial pattern RTRW pattern on spatial based Land classification Identification of Land Use Change Pattern Year 2009 2009 Year Pattern Change Use Land of Identification 1.B.1. Zone of 1.B.1. protected 31 , 09015(2018) - Year 2015 Year- 2015 pattern Plan Plan pattern 1.B. spatial 1. Spatial Planning Planning -83.37 -83.37 2,487.10 -0.03 5,346.39 -359.50 -43.84 -11.22 -6.59 -2,534.20 31.19 Land change change Land (Ha) (Ha) https://doi.org/10.1051/e3sconf/20183109015 1.B.2. Zone Of 1.B.2. cultivation Utilization Plan 1.A. Space Space 1.A. -0.081% -0.081% -0.348% -0.042% -0.011% -0.006% -2.450% 2.405% 2.405% 0.000% 5.169% 0.030% %

7 3) 2) ewe xsigcniinwt pta atr ln 1) between existing condition with spatial pattern plan pattern spatial of change RTRW to of Implementation 2) 1) conflicts: space environmental and economic of cases on (RTRW) planning spatial of Implementation 5 Conclusion preservation. preservation. / preserved be to expected is function this Where thisto function maintain is to environmental balance. due (4.43%), forests Protected 2) (0.1%), areas protected physiographic 1) as such functions protected on are concern of Changes change. land total the of 58.88% of area farming wetland of function the in is change biggest extent the with 2015 of area land the By integrating theof spatial patternplan classification (land RTRW) the Table 6. Table Production forest forest Production Urban forest Protected preserve Nature areas Rural Agriculture Crop Hard Area of Area Agricultural Dryland Area Farming Wetland Areas Physiographic Protected Total Limited production forest

Classification of Land Use Land Use of Classification there is a "force major" event. Especially for the the for Especially event. major" "force a is there is not necessarily in the continuous revision, unless a long unlimited, or time if so the RTRW document in can be used that adocument is here author the to according document planning a be should RTRW optimal. not RTRW causes protection of function the space, especially use of the of supervision Weak documents and maps. maps. and documents RTRW as a controlling tool of was only at function the level the making of protection, of function the in especially space, of pattern the in a shift is There socialization. socialization. dataof powerand the lack public of participation in lack the to due content technical weak the of depth requirements of Law no. 26Year 2007, with the RTRW is prepared if only as the fulfill to space that must be protected environmentally environmentally protected be must that space and investment for space to explicitly respond to able been not has 26/2011.RTRW number Decree Similarly, there no Presidential regulation of is accuracy. of level low of ascale with Province Regulation Rembang, and only based Regional RTRW on on RTRWyet based not Where Mayor. the by permits WIUP granting as such rules, Overlapdecisions / that precede existing policies or The area of deviation of land suitability with RTRW with suitability land of deviation of area The RTRW 11,509.94 11,509.94 2,668.47 28,165.37 77.68 35,235.06 106.21 175,922.21 373,986.47 625.50 635,190.74 635,190.74 6,893.84 Land area not in accordance with the the with RTRW 100.00% 100.00% 27.70% 27.70% 58.88% 1.09% 1.09% 1.81% 0.42% 4.43% 0.01% 5.55% 0.02% 0.10% %

E3S Web of Conferences 31, 09015 (2018) https://doi.org/10.1051/e3sconf/20183109015 ICENIS 2017

function of protected areas must be properly References preserved and strictly defined in the RTRW. 4) Given the complexity of the content of the RTRW 1. Wacana et al., 2008 document, it is appropriate that the local 2. De Genevraye and Samuel, 1972 government in this case the provinces and 3. Data base on: Regional Public Work Water municipalities should prepare good sectoral Resources And Spatial Planning (DCKTR) Province documents. Given the sectoral document, it can be of Central Java Year 2016 used as the basis for preparing the RTRW. 5) Enhancement of supporting documents in the form 4. Rifa’I RS, Pertagunawan K. Biologi Perikanan 1. of Strategic Environmental Assessment (SEA) as Penerbit CV Kayago, Jakarta (ID). (1983) an integral part of RTRW document must be made 5. Edward and MSTarigan, Makara Sains 7,(2),82- with accuracy and applicable rules. The SEA 89(2003) document preparation should be separated from the 6. Salmin, Oksigen Terlarut (DO) Dan Kebutuhan part of the RTRW making activity to be more Oksigen Biologi (BOD) Sebagai Salah Satu "independent" in providing input. Indikator Untuk Menentukan Kualitas Perairan. Oseana, Volume XXX, Nomor 3, p. 21 – 26 (2005) 7. Sutimin, Model Matematika Konsentrasi Oksigen Terlarut Pada Ekosistem Perairan Danau. Jurusan Matematika, FMIPA, Universitas Diponegoro, Semarang (2006) 8. Peraturan Pemerintah No. 82. Pengelolaan Kualitas Air dan Pengendalian Pencemaran Air (2001)

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